This book is a compilation of articles on the law in Afghanistan with a comparative survey of the legal systems of Iran and Egypt. The book includes contributions from Afghan scholars in and outside Afghanistan, as well as eminent legal experts from Iran and Egypt. To ensure its impact in the Afghan legal community, the book is published in English and Dari.
Many Islamic countries have incorporated the Shari'a into their constitutions as one of the main sources or even the primary source of law. The implications of such a choice are manifold. So far, no general model has emerged as to how this constitutional postulate is to be translated into legal reality. In January 2004, Afghanistan enacted a constitution in which similar principles were incorporated. While looking at the situation in Iran and Egypt, this book analyses the possible implications for the Afghan legal system in general and its private law in particular. To further the ongoing discussions within the legal community in Afghanistan, all contributions and legal texts are published in English and Dari.
Table of contents:
Nadjma Yassari: Preface
Abbreviations
Contributors
Part I: Shari'a in Afghanistan Jürgen Basedow Introduction
Nadjma Yassari: Legal Pluralism and Family Law: An Assessment of the Current Situation in Afghanistan
Mohammad Hamid Saboory: The Progress of Constitutionalism in Afghanistan
Mohammad Hashem Kamali: Islam and its Sharica in the Afghan Constitution 2004 with Special Reference to Personal Law
Ali Wardak: Building a post-war Justice System in Afghanistan
Irene Schneider: The Position of Woman in the Islamic and Afghan Judiciary
Bashir Munib: Law of Land Tenure and Transfer of Property in Times of War
Part II: The Iranian Model Elahe Kolaei: Afghan and Iranian Women: Sharing Experiences
Mohammad Rasekh: Are Islamism and Republicanism Compatible? A Theory of Unchangeable Principles of the IRI Constitution
Behrooz Akhlaghi: Iranian Commercial law and the New Investment Law FIPPA
Nahid Shid: Selected Aspect of Iranian Family Law
Part III: The Egyptian Way Adel Omar Sherif: Constitutions of Arab Countries and the Position of the Sharia
Baudouin Dupret: A Return to the Sharica? Egyptian Judges and the Reference to Islam
Part IV: Conclusion Martin Haars: Summary and Concluding Remarks
Bibliography
Participants in the Conference
AppendicesAnnex A - The Afghan Constitution 1964 (in Dari and English)
Annex B - Agreement on Provisional Arrangements in Afghanistan Pending the Re-Establishment of Permanent Government Institutions
Annex C - The Afghan Constitution 2004 (in Dari and English)
Annex D - Excerpts of the Iranian Constitution 1979 as amended 1989 (in Farsi and English)
Annex E - Foreign Investment Promotion and Protection Act 2002 (FIPPA) (in Farsi and English)
Translation of the contributions in Dari
